If the real estate license is taken by the developer for a loan, you can ask the developer to return the purchase price and double the deposit, and ask him to bear the compensation fee. If the bank is at fault and fails to inspect the house mortgaged by the directors, it may also require the bank to bear the liability for compensation. Article 27 of the General Principles of Loans: After accepting the borrower's application, the lender shall investigate the borrower's credit rating and the legality, safety and profitability of the loan, verify the collateral, pledge and guarantor, and determine the loan risk. Article 122 of the Civil Procedure Law: Where people's civil affairs apply mediation, mediation shall be conducted first, unless the parties refuse mediation.

What should I do if the real estate license is taken by the developer for loan?

If the real estate license is taken by the developer for a loan, you can ask the developer to return the purchase price and double the deposit, and ask him to bear the compensation fee. If the bank is at fault and fails to inspect the house mortgaged by the directors, it may also require the bank to bear the liability for compensation. According to Article 587 of the Civil Code, which came into effect in 202 1 1, if the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice. Article 588 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount. Interim Measures for the Administration of Personal Loans Article 13 After accepting the borrower's loan application, the lender shall fulfill the obligation of due diligence, investigate and verify the authenticity, accuracy and completeness of the personal loan application content and related information, and form an investigation and evaluation opinion.

What should a developer do with a house property certificate loan?

Developers have no right to use your real estate license to go to the bank for loans. It is an infringement for a developer to use your real estate license to borrow money. You can ask. However, it is a serious dereliction of duty for banks to fail to fulfill their loan investigation obligations and issue loans without signing. You can complain to the bank or the local CBRC agency. First of all, the property owner has not provided written authorization or issued explanatory materials, agreeing to use his property for a third-party mortgage loan, and a third party cannot apply for a mortgage loan with a property certificate other than his own. Therefore, the developer's use of your real estate license loan is an infringement, and you can ask. Secondly, according to Article 27 of the General Rules for Loans, after accepting the borrower's application, the lender shall investigate the borrower's credit rating, legality, safety and profitability, verify the collateral, pledge and guarantor, and determine the loan risk. It is a serious dereliction of duty for the bank to handle the loan knowing that the real estate license has been mortgaged. They can complain to the bank or the local CBRC institution first. Article 27 loan investigation Article 27 After accepting the borrower's application, the lender shall investigate the borrower's credit rating and the legality, safety and profitability of the loan, verify the collateral and guarantor, and determine the loan risk. Article 62 If a lender issues a loan in violation of the relevant provisions on asset-liability ratio management, the People's Bank of China shall order it to make corrections and impose a fine in accordance with the provisions of Article 75 of the Law of People's Republic of China (PRC) Commercial Bank. If there is illegal income, the illegal income shall be confiscated, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of Article 76.